On This Page
What Changed in March 2023
House Bill 837, signed in March 2023, was the most significant change to Florida civil liability law in decades. For anyone injured by a commercial vehicle, three changes matter most.
| Area | Change |
|---|---|
| Limitations period | Halved from four years to two for most negligence causes of action accruing after March 24, 2023 |
| Comparative negligence | Changed from pure to modified, with recovery barred above 50% fault under Fla. Stat. § 768.81 |
| Evidence of medical damages | New rules under Fla. Stat. § 768.0427 on how past and future medical expenses may be presented, including disclosure around letters of protection |
| Bad faith | Amendments affecting the framework for bad faith claims |
| Attorney fee provisions | Changes to one-way fee entitlement in certain insurance matters |
This is general information, not legal advice. Florida statutes are amended and courts reinterpret them. Section numbers are given so you can check the current text, and how any rule applies depends on facts a general page cannot assess. Confirm your position with an attorney.
The Shorter Deadline
The limitations period for most negligence claims fell from four years to two, and moved from Fla. Stat. § 95.11(3)(a) to § 95.11(5)(a) — so a source still citing 95.11(3)(a) is quoting the superseded version. A crash that would once have allowed an unhurried decision now runs on half the clock.
Claims arising before March 24, 2023 generally remain subject to the previous four-year period, so which rule applies depends on when the cause of action accrued. Anyone unsure should confirm rather than assume, because the consequence of getting it wrong is absolute.
In practice the statutory deadline was never the operative one in truck cases. Camera footage and electronic data held by carriers are overwritten within weeks, and a claim filed at 23 months is timely and may be unprovable. See Black Box and ELD Evidence.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
The 50% Bar
The change from pure to modified comparative negligence is the one with the sharpest edge.
Under the previous system, an injured person 70% at fault still recovered 30% of their damages. Now, crossing 50% bars recovery entirely. That is not a steeper discount — it is a cliff, and it changed defense strategy fundamentally.
Every defendant now has a strong incentive to move fault onto the injured person rather than merely to dispute the amount. In truck cases the arguments are predictable: that you lingered in a blind spot, passed on the right, followed too closely, or overreacted to a hazard. None is automatically negligent, and each is answered with physical evidence rather than recollection.
See Comparative Negligence for how the rule operates and what it means for evidence.
Evidence of Medical Damages
A change that gets less attention but affects how claims are presented. Fla. Stat. § 768.0427 altered what evidence may be introduced regarding past and future medical expenses.
Broadly, the provisions address the relationship between amounts billed and amounts actually paid or payable, and impose disclosure requirements where treatment was provided under a letter of protection — an arrangement in which a provider treats an injured person on the understanding of being paid from any recovery.
The practical effect is that how medical damages are documented and presented matters more than it used to, and that arrangements between an injured person and their providers may be subject to disclosure. This is an area where the details are technical and evolving, and where specific advice is worth more than any general summary.
Two years, and a cliff at 50%.
Shiner Law Group offers free case reviews for Florida truck accident victims and families — 24/7, no fee unless you win.
Get My Free Case ReviewShiner Law Group, P.A. · Attorney Advertising
What This Means for You
- Assume two years, not four, for any crash after March 24, 2023 — and treat the practical deadline as far shorter.
- Do not concede fault at the scene or to any insurer. A percentage that used to reduce a claim can now end it.
- Act on evidence within days. The change made time pressure worse, not better.
- Keep clear records of medical treatment and billing, including any letter of protection arrangement.
- Identify every responsible party, since Florida has no joint and several liability to cover a missing defendant’s share.
- Confirm which rules apply if your crash predates the change.